© [2019], Sandler, Travis & Rosenberg, P.A. Originally published in the [03/10/2020] issue of the Sandler, Travis & Rosenberg Trade Report. Reprinted by permission.

The Office of the U.S. Trade Representative has announced the first exclusions from the Section 301 additional tariff on List 4A goods from China. This additional tariff was set at 15 percent effective Sept. 1, 2019, but was lowered to 7.5 percent effective Feb. 14, 2020.

The exclusions cover various medical and related products, such as plastic laboratory ware, medical gloves, certain surgical drapes, certain soap and organic surface-active products and preparations, and nonwoven disposable apparel designed for use in hospitals, clinics, laboratories, or contaminated areas. They are reflected in eight 10-digit HTSUS subheadings (3401.19.0000, 3926.90.9910, 4015.19.0510, 4015.19.0550, 4818.90.0000, 6210.10.5000, 6307.90.6090, and 6307.90.6800) covering 59 separate exclusion requests, and must be claimed using new HTSUS subheading 9903.88.39. They will be retroactive to Sept. 1, 2019, and remain in place to Sept. 1, 2020.

Importers should review the excluded subheadings and apply for refunds of any tariffs paid on such goods since Sept. 1, 2019. The scope of each exclusion is governed by the scope of the excluded 10-digit HTSUS subheading and not by the product descriptions in any particular exclusion request.